[HISTORY: Adopted by the Town Board of the Town of Smithtown 6-11-1991. Amendments
noted where applicable.]
This chapter shall be known as and may be cited as the "Christmas
Tree Ordinance of the Town of Smithtown."
The proliferation of and the engagement in the sale of Christmas
trees and related materials has become a concern for the Town Board
of the Town of Smithtown. Many individuals are setting up sites for
the sale of Christmas trees without regard to the fire, traffic and
safety concerns of the residents and guests of the Town of Smithtown.
These sites are often left abandoned and in a state of disrepair after
the holiday season has passed. Therefore, it is the intent of the
Town Board of the Town of Smithtown to provide for the regulation
of the sale of Christmas trees and to provide an orderly manner in
which such sites may be established and cleaned.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any variety of tree used as a symbol of expressing
the holiday season, including wreathes and/or like holiday plants
or decorations.
An individual, firm, association, corporation, labor organization,
partnership, tenant, vendee in possession, lessee, agent or employee.
No person shall engage in or carry on the business of storing
or selling Christmas trees as defined herein within the corporate
limits of the Town of Smithtown without first obtaining a permit therefor
as provided herein.
[Amended 11-24-1992]
Applicants for a permit under this chapter must file with the
Town Clerk a sworn application, in writing, together with three conforming
copies, together with the appropriate application fees, to the Town
Clerk. Such application shall give the following information:
A.
The name of the applicant.
B.
The address of the applicant.
C.
The applicant's place of residence for the past five years.
D.
The applicant's business address for the past five years.
E.
The business name under which Christmas trees will be sold.
F.
A notarized written authorization from the owner of the property
on which Christmas trees will be sold.
G.
A sworn statement from the property owner that the property used
to sell Christmas trees will be left in a clean condition.
H.
A list of dates that the property will be occupied for selling Christmas
trees.
I.
The location where Christmas trees are to be sold, including street
address and Suffolk County Tax Map parcel number.
J.
The zoning district in which the property in question is located.
K.
A sworn statement that the applicant shall save and hold harmless
the Town of Smithtown and its officials and employees from all damages
caused by the negligence of the applicant.
[Amended 11-24-1992]
All applicants for a permit under this chapter shall pay a processing
fee of $25 per permit application, in addition to any other required
fee, to the Town Clerk.
[Amended 11-24-1992]
Any benevolent, philanthropic, patriotic or eleemosynary person, church or organization registered with the Secretary of State in Albany as such an organization pursuant to Article 7-A of the Executive Law shall be exempt from the application fee required in § 124-6.
[Amended 11-24-1992[1]]
A.
The applicant shall obtain general liability insurance naming the
Town of Smithtown as additional insured in the amount of $100,000
and provide a certificate of the same.
B.
The applicant shall post a cash deposit in the amount of $250 which
will be refunded after the site is cleaned up on or before January
3 of each year.
Separate permits shall be required for each location where Christmas
trees will be sold.
A.
Every person authorized to sell Christmas trees under this chapter
shall have his or her permit conspicuously posted at all times, and
said permit shall be protected from the elements at all times.
B.
No permit issued under the provisions of this chapter shall be transferred
from one person to another or from one business or entity to another
business or entity.
C.
All permits issued under this chapter shall commence on November
15 and shall expire on January 3 of each year.
[Amended 11-24-1992]
Failure to comply with this chapter shall subject the applicant
to automatic forfeiture of the cash amount deposited.
A.
Any person who violates any provision of this chapter or fails to
comply with any condition imposed by this chapter shall have committed
a violation punishable by a fine not exceeding $2,500 or imprisonment
for not more than 30 days, or both, for a conviction of a first offense
and punishable by a fine of $5,000 or imprisonment for not more than
60 days, or both for a conviction for a second or subsequent offense.
A separate violation shall be deemed committed upon each day during
or on which a violation occurs or continues.
B.
The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this chapter. The
Town Attorney is also authorized to seek damages and any civil penalties
in any civil action and such penalties shall be in addition to and
not in lieu of any criminal prosecution and penalty.
[Amended 11-24-1992; 9-7-1993]
The provisions of this chapter may be enforced by the Department
of Public Safety or its designated representatives or agents and the
Suffolk County Police Department.
